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Ben Jones, UK Lawyer

Category: Employment Law

Satisfied Customers: 50497

Experience: Qualified Employment Solicitor

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I have an employment law question Assistant: Where are you

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I have an employment law questionAssistant: Where are you located? It matters because laws vary by location.Customer: LondonAssistant: Has anything been filed or reported?Customer: IN what sense?Assistant: Anything else you want the solicitor to know before I connect you?Customer: no Thought this was free

Rehire after redundancyI have agreed voluntary redundancy last year when my role was no longer existing doe to regional changes, I agreed to stay on to assist the business till June end. SInce then a colleague has left and there are changes happening in the structure. I have been offered another role which is different. My question is how do I safeguard my redundancy payment?How long a break is needed?I have checked my contract I can see nothing preventing me from accepting this offer

If you take up this role whilst still employed by them, it would be deemed that you have accepted suitable alternative employment, which means you should not be getting redundancy pay as you would no longer be made redundant.

If you were to leave first and then later on get re-employed in a different role, there is nothing in law which says exactly how long a break you must have before it is considered ‘safe’ in terms of your redundancy payment. If this was a Local Government role and you moved between two such roles, there is a law which says a month must pass before you can keep the redundancy from the first one. That is a good starting point for any other role as well, however it does not stop HMRC potentially looking into whether a redundancy payment should have been paid and if there is anything untoward about it. It is rather rare that such things happen but it is a possibility, so even a month may sometimes not be enough, but generally it should be sufficient.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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